Life imprisonment in Canada

Life imprisonment in Canada is a criminal sentence for certain offences that has an indeterminate length. Criminal laws allowing for life imprisonment are enacted by the Parliament of Canada and apply uniformly across the country, as federal law applies to prison terms of 2 years or longer. Sentences of 2 years or less are to be served in provincial prisons.

Mandatory life sentence

High treason and first degree murder carry a mandatory sentence of life imprisonment with a full parole ineligibility period of 25 years. Previously, in the case of high treason or first-degree murder (where the offender has been convicted of a single murder) offenders could have their parole ineligibility period reduced to no less than 15 years under the Faint hope clause. However, this option under the Criminal Code was ended by Act of Parliament, effective in December, 2011.

Second degree murder

Second degree murder also carries a mandatory sentence of life imprisonment but with a parole ineligibility period of between 10 years and 25 years. Courts will determine the parole ineligibility period based on the gravity of the offence. Contrary to common belief, public safety plays a lesser role given the fact that the offender will be subject to a life sentence and the Parole Board of Canada will presumably assess the present danger posed by the offender at the time of a parole application.

Multiple murder

The above penalties for murder apply when an offender is convicted of a single murder. When an offender is convicted of multiple murder (either first or second-degree), the court has the option of imposing consecutive parole ineligibility periods for each murder.

These provisions of the Criminal Code came into force in December 2011 and permit a trial judge, after considering any jury recommendation (if made), to impose consecutive parole ineligibility periods that can then extend beyond 25 years, which then results in a term of imprisonment equivalent of lasting for the remainder of the offender's life, including (in rare cases) beyond a normal lifespan. ^[1][2]

These provisions have been used in several cases since 2011, including those of Travis Baumgartner^[3] Justin Bourque,^[4] John Paul Ostamas,^[5], Douglas Garland ^[6], Derek Saretzky^[7] and Basil Borutski ^[8] sentenced to parole ineligibility terms of 40 years (in the case of Baumgartner), 70 years (in the case of Borutski) and 75 years in each of the other cases. Dellen Millard and Mark Smich serving two 25 year consecutive terms. Millard, waiting on decision at third 1st degree murder trial, would potentially see 3 consecutive life terms or 75 years.

Other offences

Offences under the Criminal Code that carry a maximum penalty of life imprisonment in Canada (with a parole ineligibility period of between 7 years and 25 years) include treason, piracy, mutiny, aircraft hijacking, endangering the safety of an aircraft or an airport, endangering the safety of a ship or fixed platform, robbery, kidnapping, attempted murder, accessory after the fact to murder, conspiracy to commit murder, manslaughter, causing death by street racing, impaired driving causing death, causing death by criminal negligence, killing an unborn child in the act of birth, and aggravated sexual assault.

Under the Controlled Drugs and Substances Act, trafficking, exporting or production of schedule I or II substances also carries a maximum penalty of life imprisonment with a parole ineligibility period of between 7 years and 25 years.

Current sentencing practices ensure that, except in the case of murder, a life sentence is rarely imposed, even when the offender is found guilty for particularly grievous offences. One common exception is cases which involve terrorism-related conspiracies. ^{[9][10] [11]}

As of 2013, 4,800 offenders were serving life sentences in Canada, though only 2,880 (around 60%) were incarcerated (the remainder being on parole). The vast majority of these offenders (about 96%) were serving their sentences for murder. "Lifers" constituted 23% of the federal offender population.^[12]

There is no guarantee that parole will be granted to an offender. If the Parole Board of Canada determines that an offender still poses a risk to society, that person may be detained in prison past the parole eligibility period.^[13] Any person released on parole from a term of life or an indeterminate term must remain on parole by the Parole Board with conditions for the rest of their life.

Dangerous offender

While life sentences are rare in non-murder cases, the courts may apply a dangerous offender designation in cases involving serious violent or sexual offences. Such a designation results in an indeterminate sentence with no maximum limit, but a parole review occurs after 7 years and every 2 years after that.

Despite formal parole eligibility after seven years, full parole is rare in dangerous offender cases as this provision is reserved for individuals assessed as likely to commit further serious violent offences. In violent non-murder cases, it is more likely to be used than a sentence of life imprisonment. As of 2012, nearly 500 inmates had a "Dangerous Offender" designation constituting about 3% of the federal offender population.^[14] Three years later, in 2015, 622 federal offenders had a Dangerous Offender designation. Of these, 586 (or some 94%) were incarcerated (representing 3.9% of the In-Custody Population) and 36 were in the community under supervision.^[15] This supervision lasts for the remainder of the offender's life.

See: Dangerous offender designation in Canada.

See also

• Life imprisonment, worldwide overview

References

External links

• Life Sentences and Section 745.6 of the Criminal Code Department of Justice (Canada)